Duff v. Merritt
Court of Appeals for the Second Circuit
These causes come here upon appeals from decrees of the district courts in the Eastern and Southern districts of New York, respectively, upon the following facts: On February 4, 1896, the British steamer Lamington, 1,224 tons register, inward bound with a full Mediterranean cargo of fruit, stranded on the south shore of Long Island, about a mile east of Blue Point life-saving station.
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These causes come here upon appeals from decrees of the district courts in the Eastern and Southern districts of New York, respectively, upon the following facts: On February 4, 1896, the British steamer Lamington, 1,224 tons register, inward bound with a full Mediterranean cargo of fruit, stranded on the south shore of Long Island, about a mile east of Blue Point life-saving station. The news of her disaster reaching New York, the libelants, who maintain an extensive wrecking plant, were requested to repair to her relief. The service which they thus undertook to render was, as one of…
1Opinion of the CourtLacombe, Circuit Judge
(after stating the facts). It will be most convenient first to ascertain what is the total amount salved as the result of the service rendered. Inasmuch as the libelants have not appealed, it may be assumed that the district judge correctly held as to the expenses which should be deducted in order to determine the amount of cargo actually salved. It will be remembered that the ship sold for §9,100. It was held in the Eastern district (and no one disputes the finding) that the marshal’s expenses and commissions should be deducted, leaving the amount |8,962.80. ' There are other expenses,…
2Cases cited81 opinions
- The CamancheSupreme Court of the United States · 1869
- The SybilSupreme Court of the United States · 1819
- The Barque Island City— Pierce, Cromwell, LibellantsSupreme Court of the United States · 1862
- The SandringhamDistrict Court, E.D. Virginia · 1882
- The BostonU.S. Circuit Court for the District of Massachusetts · 1833
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3Cited by25 opinions
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- Waterman SS Corporation v. DeanCourt of Appeals for the Fourth Circuit · 1948
- Mississippi Valley Barge Line Co. v. Indian Towing Co.Court of Appeals for the Fifth Circuit · 1956
- International Nav. Co. v. The St. PaulCourt of Appeals for the Second Circuit · 1898
- Hamburg-American Line v. United StatesCourt of Appeals for the First Circuit · 1948
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